Anti-dumping Duty on Electronic Calculators from China – Final Findings – US$ 0.28 per pc to US$ 1.22 per pc Continues

[Notification No. 9/2020-Customs (ADD) dated 27 May 2020]

The current notification supersedes the previous Notification No. 24/2015- Customs (ADD), dated the 29^th May, 2015

Seeks to levy definitive anti-dumping duty on imports of 'Electronic Calculators of all types excluding calculators with attached printers, commonly referred to as printing calculators; calculators with ability to plot charts and graphs, commonly referred to as graphing calculators; programmable calculators', originating in, or exported from, People's Republic of China for a period of five years, in pursuance of final findings of sunset review investigations issued by DGTR and in supersession of the notification No. 24/2015- Customs (ADD), dated the 29th May, 2015.

Whereas, the designated authority, vide notification No. 7/15/2019- DGTR, dated the 24^th September 2019 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 24^th September 2019, had initiated the review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), (hereinafter referred to as the Customs Tariff Act), and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, in the matter of continuation of anti-dumping duty on imports of “Electronic Calculators of all types [excluding calculators with attached printers, commonly referred to as printing calculators, calculators with ability to plot charts and graphs, commonly referred to as graphing calculators and programmable calculators]” (hereinafter referred to as the subject goods) falling under heading 8470 of the First Schedule to the Customs Tariff Act, originating in, or exported from the People’s Republic of China (hereinafter referred to as the subject country) imposed vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 24/2015- Customs (ADD), dated the 29^th May, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 437 (E), dated the 29^th May, 2015;

And whereas, in the matter of review of anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, the designated authority in its final findings, published vide notification No. 7/15/2019-DGTR, dated the 26^th March, 2020 published in the Gazette of India, Extraordinary, Part- I, Section 1, dated the 26^th March, 2020 has come to the conclusion that: -

(i) there is continued dumping of the subject goods from the subject country and the imports are likely to enter the Indian market at dumped prices in the event of cessation of duty;

(ii) dumped imports from subject country are causing injury to the domestic industry;

(iii) the information on record shows likelihood of continuation of dumping and injury in case the anti-dumping duty in force is allowed to cease at this stage;

(iv) there is sufficient evidence to indicate that the revocation of the anti-dumping duty at this stage will lead to continuation of dumping and injury to the domestic industry,

and has recommended continued imposition of the anti-dumping duty on imports of the subject goods, originating in or exported from the subject country, in order to remove injury to the domestic industry.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act,1975 read with rules 18, 20 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 and in supersession of the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 24/2015- Customs (ADD), dated the 29^th May, 2015, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 437 (E), dated the 29^th May, 2015, the Central Government, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entry in column (2), originating in the country as specified in the corresponding entry in column (4), exported from the country as specified in the corresponding entry in column (5), produced by the producers as specified in the corresponding entry in column (6), an anti-dumping duty at the rate equal to the amount as indicated in the corresponding entry in column (7), in the currency as specified in the corresponding entry in column (8) and as per unit of measurement as specified in the corresponding entry in column (9) of the said Table, namely:-

Table
S. No.	Heading	Description of Goods	Country of Origin	Country of Export	Producer	Duty Amount	Currency	Unit
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1.	8470	Electronic Calculator	People’s Republic of China	Any country including People’s Republic of China	Ningbo Deli Electronic Development Co., Ltd.	0.28	US Dollar	Per Piece
2.	8470	Electronic Calculator	People’s Republic of China	Any country including People’s Republic of China	Any other producer except Ningbo Deli Electronic Development Co., Ltd.	1.22	US Dollar	Per Piece
3.	8470	Electronic Calculator	Any country other than People’s Republic of China	People’s Republic of China	Any	1.22	US Dollar	Per Piece

Explanation. - For the purpose of this Table, “Electronic calculator”, exclude the following:

(a) Calculators with attached printers, commonly referred to as printing calculators;

(b) Calculators with ability to plot charts and graphs, commonly referred to as graphing calculators;

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette and shall be paid in Indian currency.

Explanation.- For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F.No.354/165/2014 –TRU (Pt.II)]